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CEB_09-23-03_MinCODE ENFORCEMENT BOARD MEETING City Commission Chambers 175 w. Warren Avenue Longwood, Florida Minutes September 23,2003, 7:00 p.m. Present: Jack Greenhalgh, Member John "Bob" Lomax, Chair Andrew McGarry, Member Laura Moehlenkamp, Member Les Simmonds, Member Also Present: Richard Taylor, City Attorney Amy Goodblatt, Board Attorney Bonnie Howington, Code Compliance lnspector Cathy Price, Code Compliance lnspector Absent: Luis Alvarado, Member (excused) Clarence Lane, Member (unexcused) 1. Call to Order: Chair Lomax called the meeting to order at 7:00 p.m. Ro!l Call: The recording secretary called the roll. 2. Approval of Minutes: The minutes of the Code Enforcement Board meeting of August 26, 2003 were presented. Mr. Simmonds moved, seconded by Ms. Moehlenkamp to approve the minutes as submitted. Motion carried by a unanimous voice vote. 3. Reports -Case Updates: City Attorney Taylor conducted the swearing in of all who will be testifying. A. CEB 03-05-304 Sheli A. Shelton, Prop. Owner & Joan Tardiff, Tenant ?Tenant 760 Georgia Av Longwood, FL 32750 Code Compliance lnspector Howington reported the violation for CEB 03-05-304 was for inoperable vehicle. She reported the respondent was found guilty at the 5/27/03 meeting and given ten (10) days from the date of service of final order to come into compliance or pay a fine of $10.00 CEB 9-23-03 1 I per day until compliance was met. She reported final orders were served on 6/21/03 notifying a compliance date of 7/01/03. lnspection on 7/1/03 revealed noncompliance. Property owner left a voice message on 711 9/03 stating the property was in compliance. Inspection on 7/21/03 revealed the property to be in compliance. Affidavit of compliance was prepared and placed in the file. She reported there were twenty (20) days the property was not in compliance. Notice of Hearing was served on the tenant on 9/7/03 by Officer Grimm of the Longwood Police Department and a copy sent to the property owner by certified mail with confirmation of delivery on 911 1/03. Chair Lomax opened the public hearing. James Kepple, PO Box 740181, Orange City, Florida, stated he inspected the property on 6/30/03 and there were no inoperable vehicles on the property at that time. He stated he faxed the city on 7/1/003 at 10:20 a.m. stating the property was in compliance and another fax was sent on 7/16/03. He stated the vehicle had a current tag on it and he thought it was okay. He stated when the police ran a check on the tag and it did not match the registration of the vehicle. He stated that when he contacted his attorney he was advised there was nothing he, as a landlord, could do. He stated he was being billed for twenty days, but the vehicle had a tag on it by the fourteenth day. He stated that the taglregistration was a civil matter and as a property owner there was nothing he could do to remedy the situation. Code Inspector Howington reported on 7/1/03 the property was inspected and the vehicle was in the driveway with no tag. Letter faxed from property owner stating they had inspected the property on 6/30/03 and there were no inoperable vehicles on the property. She reviewed the dates of property inspections. She stated she had received a message from the property owner stating the tenants were going to be evicted. She further reported the police ran the tag on the vehicle and advised the tag was not registered to any vehicle and and was not valid. She stated she received a call on 711 8/03 from Mr. Kepple who advised he had contacted his attorney and there was nothing in the landlordltenant chapter that allows them to evict for the improper tag. He stated the attorney advised him this was a police matter. She stated he was advised they could not change the final orders which state the vehicle was to be made legally operable and the fine would continue to run until the vehicle was property tagged or removed from the property. She advised him that when this case was taken before the board to impose the lien they could show evidence the property owner was trying to comply. She stated on 7/19/03 she received a voice message from the property owner advising the car was removed that day. She stated she inspected the property on 7/21/03 and the property was in compliance. CEB 9-23-03 /2 Ms. Moehlenkamp moved, seconded by Mr. Greenhalgh to close the public hearing. Motion carried unanimously by voice vote. Ms. Moehlenkamp stated she would like to hear from the Board Attorney CEB Attorney Goodblatt advised the only question before the board at this time was whether to impose a lien. Mr. McGarry moved, seconded by Ms. Moehlenkamp the board not impose a lien. Motion carried by a unanimous roll call vote. B. CEB 03-06-319 Rahaman Baksh & Bhagowtie Sanpaul, Property Owners & Fairy Lake Motel 11 90 S. H w ~1.7 -92 Longwood, FL 32750 Code Compliance Inspector Howington stated this was request to impose a lien for case number CEB 03-06-319. She reported this case was before the board on 6/24/03. Respondents were found guilty of violating Florida Building Code 104.1 .l. Respondents were found guilty and given 30 days from date of service of final order to comply. Final orders were delivered on 7/10/03 making the compliance date 8/9/03. She stated on 811 1/03 the property was inspected and the structure remained. She stated Mr. Sargent, Planning Manager, advised her plans were not complete and were not accepted. Affidavit of noncompliance was placed in the file. Re-inspection of property on 9/23/03 revealed the structure remains. She stated the Planning Department reported they had received a check with the plans on 9/23/03. She was advised the plans should be approved by the end of the week then forwarded to the Building Department for approval of construction plans. She stated the construction plans were part of the submission to planning. She reported an Affidavit of Compliance was placed in the file with the date of 9/23/03. She reported the Notice of Hearing was served for Mr. Baksh and signed by Ms. Sanpaul on 9/10/03. Notice of Hearing was served for Ms. Sanpaul and signed by her on 9/9/03. Chair Lomax opened the public hearing. Rahaman Baksh, 1 190 S. Hwy 17-92, was sworn in by City Attorney Taylor. He stated that he was able to obtain all information requested and submit this information today. today. He stated he did give to Ms. Howington a letter with a copy from the original engineer he had hired. This engineer fell and broke his back and was hospitalized which is why the information CEB 9-23-03 13 was not ready by the compliance date. He stated he had to hire a second engineering company to do the job. They had to reconstruct information since the original documents were in the office of the first engineer. He stated this was not a case where he did not want to comply, but was met with some unfortunate incidents. He was able to meet the requirements of the Planning Division and submit this information today. He asked that in view of the circumstances encountered some leniency be permitted. He stated this was not a blatant case where he was not trying to meet the deadlines set. Ms. Moehlenkamp asked Mr. Baksh if he had a copy of the letter he referred to. Mr. Baksh responded in the affirmative and provided a copy to the board. Mr. Simmonds asked Mr. Baksh if he communicated with the city while trying to complete the job. Mr. Baksh responded in the affirmative. Mr. Simmonds asked if the city wanted to pursue the lien since the property was now in compliance. Discussion was held City Attorney Taylor advised the Code Compliance Inspectors were doing their job and following procedure by bringing these cases back before the board. CEB Attorney Goodblatt advised that in cases as this the city could request imposing the fine, but no lien be recorded. She stated the city has an obligation to bring these cases back unless they are in a timely compliance. She advised that each case should be judged based on its individual merits. Ms. Moehlenkamp moved, seconded by Mr. McGarry to close the public hearing. Motion carried by a unanimous voice vote. Mr. McGarry moved, seconded by Ms. Moehlenkamp that the board not impose a fine or lien and not accept the request to record this order. Motion carried unanimously by a roll call vote. 4. Public Hearings: CEB 9-23-03 /4 A. CEB 03-09-327 Reported in Compliance. B. CEB 03-09-328 Reported in Compliance. C. CEB 03-09-329 Reported in Compliance. D. CEB 03-09-330 Nancy A. Ingram-Schwartz & Gal Schwartz, Property Owners 701 E. Church Av Longwood, FL 32750 Brian J. OIConnell, Property Owner 800 Longdale Av Longwood, FL 32750 Jon E. & May M. Caldwell, Property Owners 508 Matilda PI. Longwood, FL 32750 Robert J. Hardtke, Property Owner 1520 Sparrow St. Longwood, FL 32750 Code Compliance Inspector Howington reported this case was cited August 25, 2003 for having a trailer parked in the side yard without it being properly screened. Compliance date was set for 9/1/03. She advised she inspected the property on 9/5/03 and the trailer was parked in the driveway, still not in compliance. She reported the respondent has been cited in the past for the same violation; 2/20/03, 2/01 and 5/01. He did comply each time. She stated this case is before the board with the request he be found guilty so if this violation occurs again he can be cited as a repeat violation. Notice of Hearing was served on Todd Toner, friend of the respondent, on 911 0103. CEB Attorney Goodblatt asked if Mr. Toner was over the age of 15. Officer Leasure responded in the affirmative. Chair Lomax opened the public hearing. No speakers. Ms. Moehlenkamp moved, seconded by Mr. McGarry to close the public hearing. Motion carried by a unanimous voice vote. CEB 9-23-03 /5 Ms. Moehlenkamp moved, seconded by Mr. Greenhalgh that based on the evidence seen and the testimony heard to find the respondent guilty of violating City Code, Chapter 22, 22-33. It was further moved if not brought into compliance within five (5) days a $10.00 per day fine will be imposed and continue for each and every day of noncompliance. Motion carried by a unanimous roll call vote. E. CEB 03-09331 Saddle Up Western Store & Jeff Boetto Business Owner & J.K. of Central Florida, Inc. Jay K. Pael, Reg. Agent 21 5 W. SR. 434 Longwood, FL 32750 Withdrawn. F. CEB 03-09-332 Mary G. Gamble, Property Owner 565 Preston Rd. Longwood, FL 32750 Code Compliance Inspector Price reported she inspected the property on 8/6/03 and issued a Notice of Violation to comply by 811 7/03. At that time she found a car in the driveway with flat tires and an expired tag. She reinsppecte the property and compliance was not met and is not in compliance to date. She reported that she received a call from Ms. Gamble today asking if the the city would allow her until 10/10/03 to have the vehicle operable. She requested the property owner be found in violation and given until 10/10/03 to comply. Chair Lomax opened the public hearing. No speakers. Ms. Moehlenkamp moved, seconded by Mr. Greenhalgh to close the public hearing. Motion carried unanimously by a voice vote. Mr. Greenhalgh moved, seconded by Ms. Moehlenkamp the respondent be found guilty of violating City Code, Chapter 22, 22-28, Inoperable Vehicle. It is further moved to give the respondent until 10/10/03 to comply with no fine imposed until after that date, at which time a fine be imposed of $25.00 per day for each and every day of noncompliance. Motion carried by a unanimous roll call vote. G. CEB 03-09-333 Keith & Christine Harvey, Property Owners CEB 9-23-03 /6 & Michel Anderson, Tenant 608 E. Warren Av Longwood, FL 32750 Code Compliance lnspector Price reported the tenant and property owner were served Notice of Violation cited on 7/28/03 with a compliance date of 8/4/03 for a trailer parked in front of the duplex with miscellaneous trash inside. On 8/4/03 an Affidavit of Noncompliance was issued to comply by 8/5/03. She reported compliance was not met. She reported inspections were conducted on 8/16/03, 9/9/03 revealing noncompliance. She stated that when inspecting the property today the trailer has been emptied, but it is parked in violation in front of the unit. She reported the same property was cited on 1011 3/00, 4/27/01, 3/27/02, and 7/28/03 for the same violation. Notice of Hearing was served on both the property owners and the tenant. Ms. Moehlenkamp asked if on the other occasions cited they came into compliance. Code Compliance lnspector Price stated that eventually the came into compliance, but wanted to make the board aware they have been cited multiple times. Chair Lomax asked if the city was looking for a repeat violation. Code Compliance lnspector Price responded in the affirmative. Mr. Simmonds asked if the four other violations were of the same tenant. Code Compliance lnspector Price responded in the affirmative. Chair Lomax opened the public hearing. Keith Harvey, property owner, stated the first notice he had of any problems with the trailer was when his wife was served the Notice of Hearing. He stated, as the property owner, he did not receive the notice when first cited. He stated he drove by the property on the way to the hearing and the trailer was not in front of the property. Chair Lomax asked Mr. Harvey if he was aware of the multiple violations. Mr. Harvey stated he was not. Mr. Simmonds asked Mr. Harvey if he had observed the trailer filled with trash previously. CEB 9-23-03 /7 Mr. Harvey stated he did not that he was not by the property often. He stated the tenant used the trailer for work. Ms. Moehlenkamp asked if the property owner was notified of the previous violations. Code Compliance lnspector Price stated that the city started notifying the property owners with tenants within the last year. CEB Attorney Goodblatt asked for confirmation this had not been before the board previously since it was brought into compliance on prior violations. Code Compliance lnspector Price confirmed this was the first time before the board. Michael Anderson, tenant, stated the trailer has been moved. He stated the items in the trailer were strictly carpet remnants. He stated the trailer is used in his work. He stated he now uses a van for work. He stated he has been out of town which is why it was not brought into compliance previous, but the trailer is off property at this time. Mr. Simmonds moved, seconded by Ms. Moehlenkamp to close the public hearing. Motion carried unanimously by voice vote. Ms. Moehlenkamp moved, seconded by Mr. McGarry based on testimony heard and evidence presented to find the respondent guilty of violating City Code Chapter 12, 12-2(2) and Chapter 22, 22-33. It is further moved the respondent will be given ten (10) days to come into compliance and impose a fine of $25.00 per day to continue for each and every day of noncompliance. Motion carried unanimously by a roll call vote. 5. Unfinished Business: None. 6. Old Business: None. 7. New Business: CEB Attorney Goodblatt advised election of officers is due for the October meeting. She also stated the board may want to review the rules. Chair Lomax stated he was in attendance at the September 22,2003 Commission meeting. He stated that Commissioner Maingot reappointed CEB 9-23-03 /8